THE KINDER MURDER.—NEW TRIAL GRANTED.

Timaru Herald, Volume IV, Issue 101, 20 April 1866, Page 5

THE KINDER MURDER.— NEW TRIAL GRANTED.

The argument m this case was yesterday rer sumed and concluded, the Court bain:; densely crowded from first to List. The Court held (Mr. Justice Hargrove dissenting) that the first jury empanelled m this case had been . properly discharged by the Chief Justice, and that judgment could upon this point be arrested. They were all of opinion, however, that it was competent to the Junior Puisne Judge to withdraw his decision if he thought fit, so that a new tiial might be granted npmi the first point raised by the rule nisi. Mr. ;Justice Fa.ucett (the Junior Puisne Judge), although inclined to differ from his colleagues as to the existence of this power,, acted upon their decision, and, upon the authorities cited, felt constrained to withdraw his opinion. A new trial was thereupon granted upon the point m question— that certain evidence had bsen improperly read from the judges notes. The verdict was ordered to be vacated, and a venire awarded for the trial of the prisoner m May next, the prisoner is to remain m his present ■ custody during the interim. —Sydney Morning Herald, March 23 '